- Who sends it
- The trustee or attorney authorized to make the sale, by certified mail and first-class mail
- What it starts
- The final countdown: the sale is 10 to 30 days away, and the right to reinstate ends 1 business day before it
- Do this first
- Ask the trustee's office in writing for the reinstatement amount and call legal aid the same day
What this notice is in Maryland
Md. Code, Real Prop. § 7-105.4 requires the person authorized to make the sale to send the record owner a written notice of the time, place and terms of the sale. It goes by certified mail, return receipt requested, and by first-class mail, no earlier than 30 days and no later than 10 days before the sale. A condominium or homeowners association with a recorded lien gets one too.
Separately, § 7-105.11(c) requires a "NOTICE OF IMPENDING FORECLOSURE SALE" addressed to "all occupants" by first-class mail in the same 10 to 30 day window. It lists the date, time and place and explains renters' rights. The envelope says "IMPORTANT NOTICE TO ALL OCCUPANTS: FORECLOSURE INFORMATION ENCLOSED. OPEN IMMEDIATELY."
The sale must also be advertised in a local newspaper once a week for 3 weeks in a row, with the first ad at least 15 days before the sale and the last no more than 1 week before (§ 7-105.1(o)).
What it does and does not mean
- It is not an eviction. Even after the auction, the court must ratify the sale before the buyer gets title, and the buyer needs a court judgment awarding possession before anyone can remove you.
- The sale cannot be held before the earliest dates in § 7-105.1(n): for an owner-occupied home, 15 days after mediation, or, with no mediation, the later of 45 days after service of a final loss mitigation affidavit or 30 days after one was mailed.
- If the sale is postponed or cancelled, the trustee must mail the record owner notice of that within 14 days by first-class mail (§ 7-105.4(d)). The occupant notice does not have to be sent again (§ 7-105.11(f)).
- Maryland has no right to buy the home back after the sale. Your chance to keep it by paying ends 1 business day before the auction.
How to count your last days
- Under § 7-105.1(p), you can cure the default by paying all past due payments, penalties and fees and reinstate the loan at any time up to 1 business day before the sale. Weekends and holidays do not count as business days, so a Monday sale means your last day is the Friday before, or earlier if Friday is a holiday.
- The lender or its agent must give you or your lawyer the cure amount and payment instructions within a reasonable time when you ask. Ask now, in writing, so there is time to gather the money.
- If you went to mediation and it did not settle, a motion to stay the sale had to be filed within 15 days after the session or OAH's report (§ 7-105.1(m)). If that time has passed, a lawyer can tell you what else may still be filed.
What to do this week
- Call the trustee or attorney named in the notice to confirm the date, and send a written request for the reinstatement amount.
- Call your servicer about any application that is still pending, and ask in writing for a postponement if you are close to an agreement or a sale of the home. The servicer does not have to agree.
- Call Maryland Legal Aid at 888-213-3320 or the Court Help Center at 410-260-1392 if you think the lender did not follow the rules.
- Talk to a lawyer before considering bankruptcy, which can stop a sale under federal law but affects all your debts.
- Read Maryland foreclosure sale date set and our national notice of sale page.
Scam warnings
Sale ads are public, so expect last-minute offers to stop the auction for a fee or to buy your home for cash. Maryland bans foreclosure rescue transactions and lets you cancel a foreclosure consulting contract at any time. Report scams to the Office of Financial Regulation at 1-888-784-0136. See is this letter a scam.
The rest of the Maryland process
See how foreclosure works in Maryland, the timeline, ways to stop it and free help in Maryland, or read the national guide to this letter.
Common questions
How many days before a Maryland foreclosure sale must I get notice?
The mailed notice to the record owner must be sent no earlier than 30 days and no later than 10 days before the sale, by certified and first-class mail (Md. Code, Real Prop. § 7-105.4(c)). The newspaper ads must start at least 15 days before the sale.
What is the last day to stop a Maryland foreclosure sale by paying?
You can cure the default and reinstate the loan up to 1 business day before the sale (§ 7-105.1(p)). Ask the trustee or lender in writing for the exact amount and how to deliver it.
What if my Maryland foreclosure sale is postponed?
The trustee may postpone it, and must mail the record owner notice of the postponement or cancellation within 14 days (§ 7-105.4(d)). Call the trustee's office before the new date to confirm it.
I rent a home with a Maryland sale date. What does the Notice of Impending Foreclosure Sale mean for me?
It tells you the sale date and that most renters can keep renting after the sale. Renters with a lease for a set term can usually stay to the end of the lease, and most month-to-month renters can stay 90 days after a written notice to vacate from the new owner.
Other Maryland letters
- Notice of Intent to ForecloseMaryland law requires your lender to send a Notice of Intent to Foreclose at least 45 days before it files a foreclosure case. It must state the amount needed to catch up and, if you live in the home, come with a loss mitigation application. It is a warning, not a court case, and it is a good time to apply for help.
- Order to DocketThe Order to Docket is the paper that opens a Maryland foreclosure case in the circuit court for your county. There is no trial and no answer deadline like an ordinary lawsuit, so the case moves forward unless you act. What you need to do next depends on whether it came with a preliminary or a final loss mitigation affidavit.
- Final Loss Mitigation Affidavit and Request for Foreclosure MediationA final loss mitigation affidavit tells the court your lender has finished reviewing you for alternatives to foreclosure and explains any denial. If you live in the home, it comes with a Request for Foreclosure Mediation form. You have 25 days to file that request with the circuit court, and the state says you will not get another chance if you miss it.
- Notice of Report of SaleAfter the auction, the trustee reports the sale to the circuit court and the clerk issues a notice that the sale will be ratified unless someone shows cause within 30 days. Filing exceptions in that window is your way to object to how the sale was done. Until the court ratifies the sale, title does not pass to the buyer.
- Important Eviction NoticeAfter a Maryland foreclosure sale is ratified, the buyer must get a court judgment awarding possession. Before trying to carry out the writ, the buyer must mail an Important Eviction Notice to all occupants giving the first date you could be evicted. Only a sheriff or constable can remove you.